This affidavit asserts an adverse claim on a 37,437 square meter property in Benguet covered by a land title registered under Helen Fossar Stewart. The affiant, Catherine Daus, claims someone impersonated her in 2012 and fraudulently filed for reconstitution of the title. She further claims to have purchased the property in 2016 from Rovie Penaflor, who had previously purchased the property from the impersonator. The affiant is filing this adverse claim to prevent further disposition of the property while she works to have the title transferred into her name.
This affidavit asserts an adverse claim on a 37,437 square meter property in Benguet covered by a land title registered under Helen Fossar Stewart. The affiant, Catherine Daus, claims someone impersonated her in 2012 and fraudulently filed for reconstitution of the title. She further claims to have purchased the property in 2016 from Rovie Penaflor, who had previously purchased the property from the impersonator. The affiant is filing this adverse claim to prevent further disposition of the property while she works to have the title transferred into her name.
This affidavit asserts an adverse claim on a 37,437 square meter property in Benguet covered by a land title registered under Helen Fossar Stewart. The affiant, Catherine Daus, claims someone impersonated her in 2012 and fraudulently filed for reconstitution of the title. She further claims to have purchased the property in 2016 from Rovie Penaflor, who had previously purchased the property from the impersonator. The affiant is filing this adverse claim to prevent further disposition of the property while she works to have the title transferred into her name.
I, CATHERINE DAUS, of legal age, Filipino, married and
with residence at no. 24, Purok 4, Outlook Drive, Baguio City, after being duly sworn according to law, hereby depose and state that:
1) I am filing a Notice of Adverse Claim on a parcel
of land with THIRTY SEVEN THOUSAND FOUR HUNDRED AND THIRTY SEVEN (37, 437) sq.meters property covered by TCT No. 016- 2016001115 of the Registry of Deeds of the Province of Benguet.
2) Said whole title is registered under the name of
the HELEN FOSSAR STEWART, Filipino Citize, married to ANDREW STEWART, Canadian Citizen, both of legal age and covers a real property (parcel of land) located at TALOY, MUNICIPLAITY OF TUBA, PROVINCE OF BENGUET, containing an area of THIRTY SEVEN THOUSAND FOUR HUNDRED AND THIRTY SEVEN (37, 437) square meters and which parcel of land.. The subject of this claim is more particulary described as:
“A parcel of land (Lot 2-B of the subdivision
plan (LRC PSD-198679. Being a portion of Lot 2. (LRC ) PSD-150824, LRC REC NO. FREE PATENT). Situated in the barrio of Taloy, Municipality of Tuba, Province of Benguet, Island of Luzon, Bounded on the NE., Point 2 to 3” Property of Dangpas Flores;
3. That on 19th someone under false pretenses, fraud and
impersonation acted as RAMON EISMA using a TIN ID and CTC fake identity as RAMONS EISMA using BIR TIN ID filed a reconstitution of title -______:
Said contract was entered under Doc. No 412, Page
no.84, Book no. LVVVIV, series of 2012 of the Notarial Register of Atty. Ramon J. Veloria of Manaog, Pangasinan. The Acknowledgment receipt thereof in the amount of EIGHTY THOUSAND PESOS (87, 600) as full
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payment of the said property was signed by ALEXANDER GALABAN as vendor.
Copies of the TITLE and CONTRACT and
Acknowledgment Receipt are hereto attached as Annexes “A”, “B” and “C” respectively;
4. That they executed a deed of sale
5. That I am the true and legal RAMON EISMA .
6. I never sold sold said property to anyone and I still
have a copy of the original title. The fact that
7. Simultaneous with her adverse claim was the fact that
she procured documents and paid all fees necessary for the complete transfer of the title under her name. As proofs, A certification of no improvement over the subject land was obtained by Rovie and issued by the Office of the Municipal Assessor of Manaog, Pangasinan. A photocopy of the said certificate is hereto attached as Annex “D”.
8. Payment of Capital Gains Tax for the said transaction
and receipt covering payment thereto are hereto attached as Annexes “E” and “E-1”. Documentary Stamp Tax was likewise paid to cover the said transaction. A copy of the said documentary stamp tax and receipt are hereto attached as Annexes “F” and “F-1”. Finally, A certificate Authorizing registration had been issued by the Bureau of Internal Revenue in favor of ROVIE PENAFLOR for purposes of transfer. Attached and made as an integral part hereof is a copy of the Certificate Authorizing Registration in favor of ROVIE PENAFLOR as Annex “G”;
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9. However, Prior to complete transfer of the title in favor of ROVIE PENAFLOR, she already sold the same subject property to me;
10. That on July 8, 2016 at Baguio City, ROVIE
PENAFLOR had entered into an Absolute Deed of Sale. Wherein, ROVIE PENAFLOR sold the same subject property to the me, that is, a certain parcel of land situated at Sapang, Pugaro, Manaoag, Pangasinan containing an area of FIVE HUNDRED SQUARE METERS MORE OR LESS (500 Sq.meters) PORTION of a larger tract of land covered by TRANSFER CERTIFICATE OF TITLE NO. 29917 of the Registry of Deeds of the Province of Pangasinan which was duly notarized and registered under Doc.no.94, Page No.19, Book no.16, Series of 2006 before Notary Public Mary G. Wayagwag-Guibac of Baguio City. In short, the Deed of sale between ALEXANDER AND ROVIE became the sole basis of Absolute deed of sale between ROVIE PENAFLOR and I.
Attached herewith is a copy of the Absolute Deed of
Sale of a Registered land as Annex “H”;
11. The Consideration was in the amount of SIXTY
THOUSAND PESOS (60,000), Philippine Currency, duly received and acknowledged by the Defendant as full payment and was registered under Doc. No. 95, Page 19, Book no. XVI series of 2016 before Notary Public Mary G. Wayagwag-Guibac of Baguio City. A copy of the said ACKNOWLEDGMENT RECEIPT is hereto attached as Annex “I”;
12. Under the Absolute Deed of Sale Vendor (ROVIE
PENAFLOR) shall do or cause to be done the process of transfer of the subject 500 Square meters portion in the name of the vendee, her heirs and successors the above stated portion of 500 Sq. Meters property subject of this case. It is worth to mention that the registered owner ALEXANDER GALABAN was fully aware of the said transaction and that he promised to respect the same and oblige with his obligation to turn over the title of the subject property once partitioned and new title thereof are issued;
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13. That after the said execution of contract, ROVIE PENAFLOR as the vendor had transferred the OBLIGATION to the VENDEE by willfully neglecting her duties to process the transfer of the property in my favor as agreed upon;
14. That left without recourse, I engaged the services
of a bookkeeper to process the transfer. A special Power of Attorney was then Executed between me and HELEN RILLERA, the book keeper. Attached hereto as ANNEX “J” is a copy of the notarized SPA;
15. That I made several demands to both defendants
ALEXANDER GALABAN and ROVIE PENAFLOR to turnover a copy of the original title involving the subject property. However, despite several demands and attempts, the defendant ALEXANDER GALABAN failed and refused to do so without valid grounds and that ROVIE PENAFLOR was not making contributions to compel the registered owner to release and issue the title. It is worthy to mention that since the subject title had been partitioned, new titles had been issued over the partitioned properties including the property subject of the sale herein. Copies of the Demand letters sent by my counsel are hereto attached as Annexes “k” and “K-1”;
16. That pending compliance and issuance of the title,
I started processing transfer of the subject property in my favor. The Capital Gains Tax before the office of BIR had been settled in favor of the Vendor. A copy of the BIR form no. 1706 and receipt of payment are hereto attached as Annexes “L” and “L-1”;
17. The required documentary stamp tax was likewise
settled on December 12-02-2016. A copy of the BIR Form
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no. 2000-OT and receipt thereof are hereto attached as ANNEXES “M” and “M-1”;
18. That I likewise complied with the Certification of
no improvement issued by the OFFICE OF THE MUNICIPAL ASSESOR over the subject property in my favor. A photocopy of the said certification is hereto attached as Annex “N”;
19. On December 2, 2016, I likewise obtained a
certification from the Municipal Treasurer of the Municipality of Manaog that the real property taxes over the property of the defendant ALEXANDER GALABAN had been already settled. Attached is a copy of the said certificate as Annex “O”;
20. Finally, the BIR issued a Certificate Authorizing
Registration in my favor. A copy of the said certificate is hereto attached as Annex “P”
21. That as of to the date of filing this complaint,
the Plaintiff has yet to receive any words from ALEXANDER GALABAN or ROVIE PENAFLOR.
22. There is a great possibility that the title on the
property will be disposed again via mortgage or sale because the registered owner is still holding title to the property.
23. Unless an adverse claim is annotated on the afore-
described Transfer Certificate of Title, I am in danger of being deprived of my valid right over the subject property.
24. I am executing this Affidavit for the purpose of
attesting to the truthfulness and veracity of the foregoing allegations and to effect the annotation of the adverse claim in the original copy of OCT No. _______________.
Further I sayeth naught.
IN WITNESS WHEREOF I have hereunto set my hand this
th 18 day of February 2020 at Baguio City, Philippines.
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CATHERINE DAUS Affiant
SUBSCRIBED and SWORN to before me this 18th day of
February 2020 at Baguio City, affiant exhibited to me her TIN I.D. with No. 305-670-841-000.
NOTARY PUBLIC
Doc. No._______ Page No. ______ Book No.______ Series of 2020.